NJ Appellate Law Blog – NJ Appellate Lawyer Bruce D. Greenberg blogs about Appeals and Appellate Law Practice

Three More Supreme Court Grants of Review

The Supreme Court announced that is has granted certification in three more cases. Two of them are criminal appeals. The third is an insurance case in which, due to a...

The Supreme Court Takes Up Five More Cases

The Supreme Court announced today that it has granted review in five more cases. In four of those matters, the Court granted certification. The fifth case will be before the...

"Affirmed by an Equally Divided Court"

L.R. v. Camden City Public School Dist., 238 N.J. 547 (2019). A relative rarity for our Supreme Court occurred in this case today: the decision of the Appellate Division was...

22 Years Since Lemelledo v. Beneficial Management

On July 3, 1997, the Supreme Court decided Lemelledo v. Beneficial Management Corp. of America, 150 N.J. 255 (1997). Justice Handler's opinion in that case, for a 6-0 Court, is...

A Potentially Pioneering Tort Liability Issue is Left Undecided, Since the Facts Did Not Justify a Verdict for Plaintiffd

G.A.-H. v. K.G.G., 238 N.J. 401 (2019). As noted here, the Supreme Court granted review in this case to address this issue: "Is an individual subject to tort liability for...

Statutory Plain Language Wins the Day for a Survivor Benefit Claimant

S.L.W. v. New Jersey Div. of Pensions & Benefits, 238 N.J. 385 (2019). The statute governing the police and firemen's retirement system ("PFRS") makes children and widowed spouses of police...

The Ocean Grove Camp Meeting Association and a Landmark Decision in Constitutional Law

Forty years ago today, the Supreme Court decided State v. Celmer, 80 N.J. 405 (1979), a case that arose out of he conviction of defendant on charges of DWI, speeding,...

Reversal Without Remand of Civil Service Commission Matter to Consider Admissibility of Potentially Relevant Evidence Was Error

In re Corbo, 238 N.J. 246 (2019). Justice Fernandez-Vina's opinion for a 6-0 Supreme Court today (Justice Timpone did not participate) is unusual in that it addresses not the substantive...

Three New Appeals Take Three Different Routes to the Supreme Court

The Supreme Court announced that it has granted review in three more cases. Each one came to the Court in a different way. In the first case, S.T. v. 1515...

No New Trial for Plaintiff Who Strategically Did Not Object to Trial Testimony That Was Inconsistent With Discovery Responses

T.L. v. Goldberg, 238 N.J. 218 (2019). The issue in this medical malpractice case was whether plaintiff was entitled to a new trial because defendant, without objection by plaintiff, offered...

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With the Appellate Division's Recess Over, The Appellate Division Oral Argument of the Week is Another Waiver of Arbitration Case

On Tuesday, April 29, judges on Part F of the Appellate Division will hear oral argument in Newport Associates Development Co. v. Chubb Ins. Co. The appeal arises out of the denial by the Law Division of the motion of defendant AIG Specialty Insurance Company ("ASIC") to compel arbitration of plaintiffs' claim for indemnity in connection with underlying litigation with Consolidated Edison Company of New York, Inc. and Public Service Electric and Gas Company. The Law Division held that ASIC had waived its contractual right to demand arbitration....

Another Quartet of New Cases for the Supreme Court

The Supreme Court announced that it has granted certification in four new appeals. Three are from unpublished opinions of the Appellate Division, while the fourth is from a published decision in a criminal case....

A Recess for the Appellate Division, and for This Blog

The Appellate Division is in a recess this week and next. No oral arguments will occur during that period....

Appellate Division Oral Argument of the Week: Has the School Funding Reform Act Denied Lakewood Public School Students the Constitutionally-Required "Thorough and Efficient" Education?

On Tuesday, April 8, judges on Part D will hear oral argument in Alcantar v. Allen-McMillan, a case filed in 2014 in which the Appellate Division has ruled before, 475 N.J. Super. 56 (App. Div. 2023). This appeal follows on the Appellate Division's prior ruling, unappealed by the State...